Due Process & CSA2010?????

Discussion in 'Trucking Industry Regulations' started by DsquareD, Jul 15, 2010.

  1. Rocks

    Rocks Road Train Member

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    Met with my company safety guy today. Took all the paperwork with me, old roadside inspections, tickets, disposition of the case that I won, my clean MVR, etc, etc. He didn't know for sure what my DOT score is cause all the data was not turned in yet... and asked me to wait till August when they should have all the info... He said has used that DataQ system to challenge some data but is still waiting for more answers. In the meantime, I will keep all my records, contact a consultant and if necessary will hire attorney... :biggrin_25510:
     
  2. old-six-pack

    old-six-pack Heavy Load Member

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    u took a test 4 your cdl ,, u no better than to drive it if it aint rite,,,, so if u drive it and it is junk ,,,u just as guilty as the company...:biggrin_2559::biggrin_2559::biggrin_2559:
     
  3. Rollover the Original

    Rollover the Original Road Train Member

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    Lets look at it this way:

    Log book good...check
    Truck inspection and maitence good......Check
    Paper work on truck good....Check

    DOT INSPECTION ......Passed due to above
    SCA Score, Good....CHECK!!!!!!!!!

    HireRight AKA DAC Report .............whatever Bottom Feeder Inc. AKA BFI wants to put on and good luck with a rebuttal!

    If you are following the rules I would NOT worry about the CSA 2010 report at all! If you keep a legal log, your truck passes a GOOD PTI you're good and that paperwork on the truck, trailer and load is good then what are you worrying about?

    Note; if you drive for BFI who just can't stand the thought of you running a legal log, can't afford to have the triuck fixed while out on the road then as the driver tell them oops sorry but my CSA Score is more important than your load! I'm working for BOTH OF US AS it affects your silly arse also! You want this load and truck somewhere then get it fixed or reschedule it so I can run it legal!
    Thats the way this is going to be working out to!

    There are THOUSANDS of crybaby stories on TTR about "being forced" to run illegal or trucks made to run down the road falling apart because BFI won't shell out the cash to get THEIR equipment fixed!

    Now the world is going to fall down on the ONE PERSON who KNOWS the rules that have to be followed. YOU and ME! We are the ones in charge of the truck! NOT a dispatcher, or company owner or CEO! They can KMA and yours if they want the rules bent or broken for this paltly pay they are now giving us! If they want that truck moving then drag your sorry carcuss here and drive it there!

    ###### people we NOW have Bottom Feeder Inc where we want them and you're worried about due process? Keep your crapola straight as we should be doing and CSA2010 will not matter!

    Look at CSA 2010 in a different light
    You have a low score or one a company would like to have on their side but BFI says you HMMMM Abandoned that truck you parked in their garage on that DAC report or you got dinged at a DOT or log book violations and you're read all about them right here in The Truckers Report!. The new company you're hiring on with sees your rebuttal and the picture of that truck in the garage and your copies of your logs for a few years or in front of the office and then see your NICE AND LOW CSA score. What do you think they will believe? DAC? I'll take my clean CSA 2010 score any day over DAC and maybe DAC will become a thing of the past! That alone is why I have NO PROBLEM with CSA 2010! To see these BFI reporting agencies gone! And yes I KNOW I have a clean score as I've passed EVERY DOT inspection I've had in the last 10 years I have NO DOT reportable tickets in the last 10 years and no accidents! Yep I'm NOT worried!

    Those of you who drive these POS equipment down the road and keep getting written up for it and those of you who can't figure out a log book or the simple parts of the FMCSA don't need to be out here driving that POS with me or my family! My heart does NOT bleed for you at all! We've known for the past 1 1/2 years this was coming but it can't be a surprise as all it's doing is using the rules we should have been following to begin with! Kinda like the immigration laws!

    It's simple people..Tell dispatch to stuff it, figure out how to do a proper PTI and keep that score clean and screw this due process! Don't forget, the company will be hurt just as bad as you will if they don't figure out that the old days are gone, Billy BigRigger is now a dead breed, and Outlaw companies are going extinct quickly.

    You get hit because you can't do a log book with several log book programs to help you get it right or know how to do a proper PTI then it's time you learned real quickly or get out of the field! Trucking ain't for sissies or crybabies! It's NOT a steering wheel holder job! If you have no mechanical knowledge this ain't the job for you! YOU are the ONLY one responsible for the truck and load once it leaves the terminal! Get it fixed before it leaves and keep it fixed on the road. YES, BFI will now have to get it fixed on the road or they get the hit also but you have the key in your hand. You turn it because someone is holding a gun to your head then take the hit on your score like a man or woman! Can't stand the heat..Mickey D's might be hiring!

    And yes I'm an arse but after 32 years I've earned the right to say what I know is right! I'm just as tired of having to put up with BFI but then when I say it needs to be fixed they know I'll park it until it is fixed! If I say the log book wont work then they know I'm not screwing around! I hold the key and they know it. If you can't stand your legal ground then you deserve what ever BFI bends you over the tank and slams you with for that piddling 20+ cents a mile!

    The ball is in OUR court! Lets use it to OUR advantage! WE have something that actually works in favor of those of you that doesn't have the danglies to stand up to BFI! This is way better than that strike I keep hearing about but no one shows up for! WOW!

    AS for Due Process, If you get a ticket that is a reckless or something along those lines you have the right to go to court Nothing to worry about there as Due Process was taken care of. A bad inspection can be refuted with a shop repair report. If the shop finds nothing wrong with the part, due process has started and you rebut the DOT inspection and yes you can! BUT if the shop finds the part is bad then, well, HMMM, I guess you thought running down the road with a cracked brake drum or a tire next to being bald, or lights not working or whatever was found then you deserve whatever happens and yes I know things DO break after a PTI but we've all seen these drivers that have stuff broken and you tell them over the CB or catch their eye and they decide to keep on trucking, sorry again I won't give them a shoulder to cry on if they get caught! Weve all seen drivers jump out of the bunk get behind the wheel, throw their p bottle out the window and head down the road! No PTI, no catch the log book up because they can't afford that 15 minutes of walk around and paperwork! Hey, that's life in the fast lane. You gamble then, take the cards Murphy deals you!

    Life as we knew it is changing. We have no rights and never have but we do have the right to not turn the key on a POS truck or for a POS company!

    Now lets play ball!
    Good Luck
    Rollover

    PS: NOW is the time to make a copy of every ticket or DOT inspection you get and keep it forever!
     
  4. ironpony

    ironpony Road Train Member

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    Well said.
     
  5. Rocks

    Rocks Road Train Member

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    A co-worker, friend of mine got his DOT/ CSA scores from company's safety guy today. My friend is a great, safe driver, but got "bad luck" less than a year ago when trooper who was having a bad day decided to take off on him and gave him several violations on a level 2 roadside inspection. Stuff like, missing reflector sticker on one of the tractor's mudflap, the bulb on the back light (back of tractor) was out, and a few other minor equipment violations + speeding warning for going 5 miles above speed limit.... Well, all that gave my friend 65 points on his CSA score :biggrin_25513: He never had an accident...
    I think the calculation is wrong cause they did not calculate the adjusted # of inspections and did not divide the severity of the inspections by the total number of time-weighted inspections.
    Our co. told him that he is in the borderline.... and he is very upset. I told him to challenge the result (if he can).
    It seems very easy for someone (even a good driver) to accumulate points with this new absurd system.
    This is going to cost us a lot of money and much more.
    Our co. will continue hiring students and training them cause these new drivers have clean record. But if company doesn't train them right and doesn't keep the good drivers they have, it will be doomed.
     
  6. truckerdave1970

    truckerdave1970 On Probation

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    Why is it that I am the only one that sees a pattern here? The only drivers that will be able to get a job in the near future are those coming right out of school! Any experience means you WILL HAVE POINTS on your record! It is inevitable. Why??? Because the student drivers are paid the least amount of money thus ensuring the companies make more!!!
    More than 3 violations will be enough to earn you a big chicken dinner. (Bad Conduct Discharge)
    If an officer looks hard enough at any of us, he WILL find a violation!
    Whatever!!! I give up trying to convince some people.
     
    Rocks and StruckANerve Thank this.
  7. southernpride

    southernpride Gone But Never Forgotten

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    ROLLOVER A #### GOOD POST: now i am not known to be a fan of the DOT never have been , but not the officer on the road the DOT IN WASHINGTON , however we have indeed brought all this on our selves we did it and we can blame no one else but us, some of the things we do are just not OK and we all no it but it keeps on being done every day and moat out here have the attitude that so what they can't do anything about, well guess what there doing something about it , there doing what can't be done , why because WE left them no choice.

    if your one of the drivers that has thrown a piss bottle out the window because your to #### lazy to walk 50 ft to a restroom you are the reason we have csa2010 on the way and now you want to cry about it well walmart has towels on sale go ahead and cry WE all of us brought this on ourselves and i say all even if you didn't throw the bottle or leave it in the parking lot you've seen it done , did you say anything to the dirt bag driver that did it NO well if you didn't your part of the problem i do all the time and some times it even does some good.

    but now that we have CSA2010 everybody want to whine and cry, well to late now it's here and we all are going to have to get use to it , it won't go away big brother is here WHY because we ask him to take over by our actions, i don't like the CSA2010 regs either but i no why there here i don't think it will change much but i hope it will.

    now if your a pro it wont affect you much at all it is just business as usual but if your one of the drivers that have been just do as you please type of driver guess what you might not be out here much longer your going to clean your act up one way or the other.

    now i don't like the new regs by any means however i no why there here I'm mad as hell about it , i don't think it should be necessary for a bunch of grown men to have all the rules BUT when grown men act like kids with no upbringing i understand it and like all of us ill have to put up with it and hope that it makes a positive change in the business ill be the first one to say that there is no doubt we need it badly.

    as far as the DOT ofc. that pulls you over for an inspection, you might consider not giving him a hard time he is in fact doing a job that needs to be done and i don't have a problem because of you drivers out there don't no what an inspection is. i run old trucks that is all i run and i have never failed a dot inspection my newest truck is a 1989 and it will pass an inspection every time WHY because i take care of it and if i can keep that old dog up to par so can any driver out there and most if not all run newer trucks then me , why do i run trucks that are so old, because they don't cost 150.000 and I'm out here to make money and i do I'm not out here to look pretty that would be a hopeless cause.

    here is a flash for you, if your worried about CSA2010 don't there is no need to, there is no provision in the regs that says if your 50 yrs old you can no longer drive , it just ain't there in fact there is very little reference to age if any.
    it is going to have a stronger stand on safety big time and that is as it should be after all your running down a public highway at 70 mph with 80.000 lbs strapped to your back why wouldn't they enforce safety and the way some of you drivers and you no who you are you and drivers like you forced there hand , you left them no choice they had to step in and do something some of you are just plain nuts.

    if you drive like a pro and start to act like a pro i doubt you will have anything to worry about it ain't nothing but a thing BUT those newer driver that started driving and think your driving a hot rod to chase women in now you may have a problem, you want to stay in this business then learn to drive like a pro and take care of business it really ain't hard to do.

    best of luck to all, happy trails. southernpride :biggrin_25514:
     
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  8. 359kool

    359kool Light Load Member

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    Truckerdave... Upon reading your reply it seems as though you live in the real world too...
    I was just wondering... Do you find it annoying when some of the supposed truckers on here haven't got a clue what's going on, but then feel the need to post a half-a-page blog praising what's going to be nothing more than another headache for all truckers... :smt021
    It must be because of their special rose-colered glasses, or maybe a lack of real-world experience... Perhaps it's all the other proven systems designed by the safety-nazis like the revolving logbook regulations that they are impressed by.. I believe some of the smucks on here would think having a good case of hemorrhoids is a good deal for them and would strain their nutsax in support for the cause... :smt075

    In the across the board profiling of all truckin companies and their drivers the scores are misleading, wherein comparing the constant stampede of newbys to those having more points will always be the worst.. All companies and drivers are not equal nor do they operate under the same circumstances and conditions to be compared by..

    Such a system may provide some insight if comparing two similar owner-operators maybe, but not relevant when compared to decisions made by those not in control of their own situation...
    And where maintenance is concerned, there is required knowledge of equipment and a basic inspection, but for the most part the average driver is not mechanically inclined and justifiably prohibited from attempting their own repairs..

    And last but not least, what causes the most concern for me is the ever increasing need for revenue by corrupt municipalities and government agencies and officials, some officers are not that way but there's way to many that are for a system like csa2010 to ever get my support...

    I'll be all for this just as soon as I see the ones making the rules and doing the regulating start implementing common sense safety and start following their own policies... :occasion5:
     
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  9. Rocks

    Rocks Road Train Member

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    I hear you vet drivers.... BUT my biggest problem with this darn CSA 2010 is that they are collecting data from 3 years ago and that's darn WRONG! Because 3 years ago nobody, even officers did not consider a defective mudflap or a warning so important. Because 3 years ago many of us, especially new drivers were not that experienced and that knowledgeable to avoid some "unimportant" tickets and warnings or even fight those.... But now those tickets and warnings WILL count and many of us will have high CSA score because of them. :biggrin_25510:
    Nowadays, those that understand the impact of CSA scores on their lifes will treat the equipment, their driving, log, papers, cargo, etc, MUCH, MUCH more carefully than before.... But there's nothing they can do to change their old violations... other than wait and wait and stay in their co. until scores are gone... and hope they are not fired in the meantime... :biggrin_25510:
    How many good drivers will lose their ability to work because of this unfair system? :biggrin_25510:
     
  10. 359kool

    359kool Light Load Member

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    Dude, after reading your rant it sounds like you've been made the ####### of some twisted truckin co. bondage fetish bs before..

    I don't recall truckin companies ever having legal access to getting slave labor in the US before.. You must have been misinformed and were the victim of a bad joke.. So it is with regret that I must inform you that you will indeed gain no rights by the effect of csa2010..

    If I may I'd like to point something out for you, maybe this is where you're missing the boat.. In order to gain the right of not having to turn the key on some POS truck for some Pos company, then they would've had to have been forcing you before csa2010, right..

    In fact, having rights is based on you being able to do something, not the opposte.. I figured most people understood that..
    You're also wrong about the importance of keeping up with all your tickets- violations like never before now.. That's the main thing csa2010 will be doing for you.. :smt064